' KHAWAJA MUHAMMAD SHARIF, J.-This judgment will dispose of Criminal Appeal No,528 of 2002 filed by Amin, Zawar, Farid and Aziz, appellants who were convicted and sentenced by learned Additional Sessions Judge, Faisalabad vide judgment, dated 28-2-2002 asunder:- ' Farid and Aziz imprisonment for life and to pay compensation to the tune of Rs,50,000 each on two counts, in default six months' R.I. Under section 302(b), P.P.C. Read with section 149, P.P.C.
' Farid, Aziz, Amin and Zawar four years' R.I. And to pay a fine of Rs,5,000 each, in default six months R.I. Under section 452 and 149, P.P.C.
' One year R.I. Each under section 148, P.P.C. Convicts Amin and Zawar were further directed to pay Rs, 10,000 each as compensation, in default six months R.I.
' Criminal Revision No,98 of 2003 filed by the complainant for enhancement of sentence of the convicts shall also be disposed of through this single judgment.
2. Briefly stated the facts of the case are that during the night between 5th/6th of March, 1994 the present four appellants along with three co-accused criminally trespassed into house of the complainant.
' Ahmad and Farid accused were armed with rifles .7 mm. The shot fired by Ahmad hit Anwer Bibi on her chest as a result whereof she died. Farid accused also tired .With his weapon, which hit on the right arm of Mst. Zohra and this shot also became result of her death. Anwer Bibi and Mst. Zohra Bibi, both the deceased were sister and mother of the complainant Sarfraz.
' The motive alleged was that Ahmad accused was suspecting his wife Fateh Bibi having illicit relations with Murtaza, brother of the complainant. According to the complainant, Murtaza was made target but the bullet hit his mother.
3. During the course of investigation, all the accused were declared innocent and thereafter complaint was filed and the trial proceeded. At the trial, 6 P.Ws. Were examined. Then statements of the accused were recorded under section 342, Cr.P.C. In which they pleaded false implication.
After conclusion of the trial, only the present four appellants were convicted and sentenced as stated above.
4. Learned counsel for the appellants submits that in all there were seven accused. Ahmad who was attributed fatal injury on the person of Mst. Anwer Bibi, deceased was murdered while other two co- accused Saleem and Ramzan died their natural death. Further submits that so far as Zawar and Amin appellants are concerned, they were not attributed any injury on the persons of the deceased. Adds that all the appellants including Farid were found innocent during the successive investigation and that no recovery was effected from any of the appellants. Lastly submits that the occurrence had taken place in dark hours, it was an unwitnessed occurrence.
According to learned counsel, all the appellants are entitled to acquittal. At this stage, learned counsel submits that the appellants were convicted and sentenced in complaint case and during the proceeding of the State case, no recovery memo, regarding blood stained earth was exhibited, so the place of occurrence is doubtful.
5. Learned counsel for the State submits that the appellants were named in the complaint with specific roles and the eye-witnesses duly identified the assailants.
6. Learned counsel for the complainant who has filed revision petition for enhancement of sentence of the convicts submits that the reasoning given by the trial Court for awarding lesser penalty at least to Farid appellant are alien to law.
7. I have heard learned counsel for the parties and have gone through the record. In the instant case, total seven persons were named as accused. There were two deceased in this case namely Mst. Anwer Bibi and Mst. Zohra Bibi. Both of them got one fire-arm injury each on their person.
According to F.I.R., it was Ahmad accused who caused fatal blow on the person of Mst. Anwer Bibi, deceased. He (Ahmad) was murdered by the complainant party of this case. He is not the appellant before this Court. No injury whatsoever was attributed to Zawar, Aziz and Amin, appellants to any of the deceased. They were found innocent during successive investigations. No doubt, opinion of the police is not binding upon the Courts, but it becomes relevant in the facts and circumstances of each case. So, while granting the benefit of doubt, appeal to the extent of Amin and Zawar and Aziz appellants is accepted, conviction and sentence recorded against them by the trial Court is set aside and they are acquitted of the charge. Both these appellants are on bail. They shall stand discharged from their bail bonds.
' Now, I would take up the case of Farid, appellant. He was attributed specific injury on the person of Mst. Zohra deceased and was specifically named by the eye-witnesses. His case is distinguishable from his co-accused. So, the conviction and sentence recorded against him by the trial Court is maintained in toto. Criminal appeal to his extent is dismissed. So far as submissions of learned counsel for the complainant for enhancement of sentence of Farid convict is concerned, that is declined for the reason that during the course of successive investigations, he was found innocent by the police as moreso, no weapon of offence was recovered from him. These are the mitigating circumstances for not awarding the capital punishment of death. The revision filed by the complainant is dismissed. Farid appellant being on bail be taken into custody to serve his sentence. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.